The Local Elections (Principal Areas) (England and Wales ...

1 S T A T U T O R Y I N S T R U M E N T S. 2006 No. 3304. REPRESENTATION OF THE PEOPLE, england AND Wales . The Local Elections ( principal Areas) ( england and Wales ). Rules 2006. Made - - - - - 12th December 2006. Laid before Parliament 12th December 2006. Coming into force in accordance with rule 1(2). STATUTORY INSTRUMENTS. 2006 No. 3304. REPRESENTATION OF THE PEOPLE, england AND. Wales . The Local Elections ( principal Areas) ( england and Wales ). Rules 2006. Made - - - - 12th December 2006. Laid before Parliament 12th December 2006. Coming into force in accordance with rule 1(2). The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 36(2) of the Representation of the People Act 1983(a). In accordance with section 7(1) and (2)(d) of the Political Parties, Elections and Referendums Act 2000(b) he has consulted the Electoral Commission. Citation, commencement, extent and revocations 1. (1) These Rules may be cited as The Local Elections ( principal Areas) ( england and Wales ).

2 Rules 2006. (2) These Rules come into force on 2 January 2007 except for the purposes of an election if the last date for the publication of the notice of election for that election was, or will be, prior to 27. March 2007. (3) These Rules shall not extend to Scotland or Northern Ireland. (4) Subject to paragraph (2), the statutory instruments listed in column 1 of Schedule 1 to these Rules (which have the reference listed in column 2) are revoked to the extent indicated in column 3 of that Schedule. Interpretation 2. (1) In these Rules, 1983 Act means the Representation of the People Act 1983;. Assembly constituency shall have the same meaning as in section 2(4) and (5) of the Greater London Authority Act 1999(c);. the Combination of Polls Regulations means the Representation of the People (Combination of Polls) ( england and Wales ) Regulations 2004(d);. (a) 1983 (b) 2000 (c) 1999 (d) 2004/294 as amended by 2006/3278. counting observer shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) ( england ) Regulations 2001(a).

3 Counting officer shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) ( england ) Regulations 2001;. European Parliamentary election shall have the same meaning as in section 27(1) of the Representation of the People Act 1985(b);. GLRO means the Greater London returning officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act or any person acting on his behalf(c);. Local counting area shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004(d);. mayoral election means an election conducted under the Local Authorities (Mayoral Elections ) ( england and Wales ) Regulations 2002(e);. petition organiser shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) ( england ) Regulations 2000(f);. polling observer shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) ( england ) Regulations 2001.

4 principal area means, in england , a county, district or London borough and, in Wales , a county or county borough;. referendum means a referendum conducted under the Local Authorities (Conduct of Referendums) ( england ) Regulations 2001;. voting area shall have the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) ( england ) Regulations 2001. (2) In these Rules, relevant election or referendum means one or more of the following . (a) a Parliamentary election (g);. (b) a European Parliamentary election ;. (c) another Local government election ;. (d) a mayoral election ; and (e) a referendum, the poll at which is taken together with the poll at the principal area election . (3) In the case of a referendum, a reference to . (a) a candidate shall be construed as a reference to a petition organiser;. (b) an election agent or a counting agent shall be construed as a reference to a counting observer;. (c) a polling agent shall be construed as a reference to a polling observer; and (d) a returning officer shall be construed as a reference to a counting officer.

5 Elections Rules 3. In the application of the parliamentary Elections rules to the election of councillors of the council of a principal area where the poll at that election is not taken together with the poll at (a) 2001/1298 as amended by 2004/226. (b) 1985 Section 27(1) was amended by the European Communities (Amendment) Act 1986 ( ), section 3(1). The definition of the European Assembly was repealed by the Schedule to that Act on the entering into force of the Single European Act (Cmnd. 9758) on 1 July 1987. (c) Section 35(2C) was inserted by paragraphs 1 and 3 of Schedule 3 to the Greater London Authority Act 1999 ( ). (d) 2004/293. (e) 2002/185 as amended by 2004/225. (f) 2000/2852. (g) For the definition of Parliamentary election , see the Interpretation Act 1978 ( ), Schedule 1. 2. another election under section 36(3), (3AB) or (3AC) of the 1983 Act(a) or section 15(1) or (2) of the Representation of the People Act 1985(b), adaptations, alterations and exceptions shall be made to those rules so that the election shall be conducted in accordance with the Rules set out in Schedule 2 to these Rules.

6 Combination of polls 4. Where the poll at an election of councillors to the council of a principal area is to be taken together with the poll at a relevant election or referendum(c), the Rules set out in Schedule 2 shall apply to the principal area election as shown modified in Schedule 3. Signed by authority of the Secretary of State Bridget Prentice Parliamentary Under Secretary of State 12th December 2006 Department for Constitutional Affairs SCHEDULE 1 Rule 1(4). Revocations Revocations Column 1 Column 2 Column 3. Statutory Instrument Number Extent of revocation The Local Elections ( principal Areas) Rules 1986/2214 The entire instrument 1986. The Local Elections ( principal Areas) 1987/261 The entire instrument (Amendment) Rules 1987. The Local Elections ( principal Areas) 1990/158 The entire instrument (Amendment) Rules 1990. The Local Elections ( principal Areas) 1998/578 The entire instrument (Amendment) Rules 1998. The Local Elections ( principal Areas) 1999/394 The entire instrument (Amendment) Rules 1999.

7 The Local Elections ( principal Areas) 2001/81 The entire instrument (Amendment) Rules 2001. The Local Elections (Mayoral Elections ) 2002/185 Regulation 8. ( england and Wales ) Regulations 2002. The Local Elections ( principal Areas) 2004/223 The entire instrument (Amendment) ( england and Wales ) Rules 2004. The Local Elections ( principal Areas) ( england 2004/1041 The entire instrument and Wales ) (Amendment) (No. 2) Rules 2004. The Civil Partnership Act 2004 (Amendments to 2005/2114 paragraphs 1 and 2 of Subordinate Legislation) Order 2005 Schedule 12. The Local Elections ( principal Areas and The entire instrument except (a) Section 36(3) was substituted for subsection (3) as originally enacted, by section 17 of the Representation of the People Act 1985 ( ) and further amended by paragraph 68(8) of Schedule 16 to the Local Government ( Wales ) Act 1994 ( ), and subsection (3AB) was inserted by paragraph 68(8) of Schedule 16; subsection (3AC) was inserted by paragraph 17 of Schedule 3 to the Local Government and Rating Act 1997 ( ).)

8 (b) 1985 (c) Provisions as to the combination of polls at Elections , including principal area Elections , are contained in section 36 of the Representation of the People Act 1983 ( the 1983 Act ), section 15 of the Representation of the People Act 1985 ( ), the Local Authorities (Conduct of Referendums) ( england ) Regulations 2001 ( 2001/1298) and the Local Authorities (Mayoral Elections ) ( england and Wales ) Regulations 2002 ( 2002/185). 3. Parishes and Communities) ( england and for the purposes of rule 3. Wales ) (Amendment) Rules 2006. SCHEDULE 2 Rule 3. Rules for Conduct of an election of Councillors of a principal area where Poll is not taken together with Poll at another election CONTENTS. PART 1. Provisions as to Time 1. Timetable 2. Computation of time PART 2. Stages Common to Contested and Uncontested Elections 3. Notice of election 4. Nomination of candidates 5. Nomination papers: name of registered political party 6. Subscription of nomination paper 7. Consent to nomination 8.

9 Decisions as to validity of nomination papers 9. Publication of statement of persons nominated 10. Correction of minor errors 11. Inspection of nomination papers and consents to nomination 12. Nomination in more than one electoral area 13. Withdrawal of candidates 14. Method of election PART 3. Contested Elections CHAPTER 1. General Provisions 15. Poll to be taken by ballot 16. The ballot papers 17. The corresponding number list 18. The official mark 19. Prohibition of disclosure of vote 20. Use of schools and public rooms CHAPTER 2. Action to be Taken Before the Poll 21. Notice of poll 4. 22. Postal ballot papers 23. Provision of polling stations 24. Appointment of presiding officers and polling clerks 25. Issue of official poll cards 26. Equipment of polling stations 27. Appointment of polling and counting agents 28. Notification of requirement of secrecy 29. Return of postal ballot papers CHAPTER 3. The Poll 30. Admission to polling station 31. Keeping of order in station 32.

10 Sealing of ballot boxes 33. Questions to be put to voters 34. Challenge of voter 35. Voting procedure 36. Votes marked by presiding officer 37. Voting by persons with disabilities 38. Tendered ballot papers: circumstances where available 39. Tendered ballot papers: general provisions 40. Spoilt ballot papers 41. Correction of errors on day of poll 42. Adjournment of poll in case of riot 43. Procedure on close of poll CHAPTER 4. Counting of Votes 44. Attendance at counting of votes 45. The count 46. Re-count 47. Rejected ballot papers 48. Decisions on ballot papers 49. Equality of votes PART 4. Final Proceedings in Contested and Uncontested Elections 50. Declaration of result PART 5. Disposal of Documents 51. Sealing up of ballot papers 52. Delivery of documents to relevant registration officer 53. Orders for production of documents 54. Retention of documents 5. PART 6. Death of Candidate 55. Countermand or abandonment of poll on death of a candidate PART 7. Appendix of Forms PART 1.